Monday, July 11, 2011

Fives to Rehear Sufficiency Win En Banc

A nice sufficiency win from earlier this year, United States v. Delgado, will be reheard en banc. Presumably this was prompted by the criticism in Judge Clement's dissent from the panel ruling. She faulted the majority for addressing the sufficiency issue sua sponte, and criticized what she described as the majority's expansion of the buyer-seller exception to conspiracy liability and its misapplication of the cumulative error doctrine.